§ 143-300.6. Payments of judgments; compromise and settlement of claims. - North Carolina Statutes

§ 143‑300.6. Payments of judgments; compromise and settlement of claims.

(a)        Payment of Judgments and Settlements. In an action to whichthis Article applies, the State shall pay (i) a final judgment awarded in acourt of competent jurisdiction against a State employee or (ii) the amount dueunder a settlement of the action under this section. The unit of Stategovernment that employed the employee shall pay the first one hundred fiftythousand dollars ($150,000) of liability, and the balance of any payment owedshall be paid in accordance with G.S. 143‑299.4. This section does notwaive the sovereign immunity of the State with respect to any claim. A paymentof a judgment or settlement of a claim against a State employee or severalState employees as joint tort‑feasors may not exceed the amount payablefor one claim under the Tort Claims Act.

(b)        Settlement of Claims. The Attorney General may compromiseand settle any claim covered by this section to the extent he finds the claimvalid. A settlement in excess of the limit provided in subsection (a) must beapproved by the employee. In an action in which the Attorney General has statedin writing that private counsel should be provided the employee because of aconflict of interest between the employee and the State, a settlement in excessof the limit provided in subsection (a) must be approved by the privatecounsel.

(c)        Other Insurance. The coverage afforded employees and formeremployees under this Article shall be excess coverage over any commercial liabilityinsurance, other than insurance written under G.S. 58‑32‑15, up tothe limit provided in subsection (a). (1973, c. 1372; 1975, c. 209, ss. 1, 2; 1979, c. 886; 1981, c. 1109, s.2; 1991, c. 674, s. 2; 2000‑67, s. 7A(h).)